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New Ohio Reporting Requirements for Non-Residential Contractors

Client Alert

Effective March 19, 2026, nonresidential construction companies must verify the employment eligibility of each employee hired to perform work on a project throughout the State of Ohio. Ohio’s E-Verify Workforce Integrity Act (the “Act”) requires E-Verify participation for nonresidential construction companies, subcontractors, and labor brokers for nonresidential construction.

E-Verify is a records maintenance portal that allows confirmation of employment eligibility by comparing information entered by the employer to records available to the U.S. Department of Homeland Security and the Social Security Administration. E-Verify will not replace current reporting databases that companies already utilize; it will be an additional, required submission by the employer.

The Act mandates participation by companies that complete nonresidential projects in the State of Ohio regardless of their employee count. The Act defines a nonresidential construction project as “the construction or renovation of any building, highway, bridge, utility, or related infrastructure.” Importantly, contractors constructing industrialized units, manufactured homes, residential buildings or mobile homes will not fall within the purview of the Act.

The Ohio Attorney General is entrusted with the enforcement of the Act. Penalties for violations range between $250 and $25,000, with such monetary penalty possibly accompanied by an order rendering the contractor ineligible to bid or participate in any future state contract for a period of two (2) years.

There are competing interpretations of the Act surrounding whether a contractor must create E-Verify cases for existing employees whose work authorization is subject to reverification under federal law. Definitive guidance has not been provided as of the date of this Client Alert, but construction companies are encouraged to seek formal guidance on how to ensure compliance with Act.

For questions regarding Ohio’s E-Verify Workforce Integrity Act and how your business should prepare for these new requirements, please do not hesitate to contact BMD Member Bob Hager at rahager@bmdllc.com or Attorney Jacob Davis at jrdavis@bmdllc.com.


Community Behavioral Health Providers - Supervisor Pricing Changes Begin July 1 [Corrected Date]

Effective June 16, community behavioral health providers wishing to receive reimbursement at the supervisor rate must add the HP or HT Modifier to fee-for-service (FFS) claims. Find out about the new guidelines.

CMS Rescinds EMTALA Guidance for Emergency Abortions

On June 3, 2025, CMS withdrew its 2022 guidance on emergency abortion care under EMTALA, eliminating federal protection for providers in states with abortion restrictions. This policy change could significantly impact how hospitals handle emergency care involving pregnancy complications.

Supreme Court Eliminates Higher Burden for Majority-Group Plaintiffs in Title VII Claims

In Ames v. Ohio Department of Youth Services, the U.S. Supreme Court unanimously ruled that all Title VII plaintiffs, whether from majority or minority groups, must meet the same evidentiary standard. The decision eliminates the “background circumstances rule” and reinforces equal treatment in workplace discrimination claims.

Understanding Reasonable Fear vs. Credible Fear Interviews: A Critical Guide for Immigrants Facing Removal

In his latest article, Immigration Attorney and former Immigration Judge Rob Ratliff offers a clear breakdown of Reasonable Fear vs. Credible Fear Interviews—key procedures for noncitizens seeking protection from persecution or torture. Citing Judge Brian Murphy’s recent ruling on unlawful deportations to South Sudan, Ratliff connects these critical legal standards to current judicial developments. Read the full article at www.removal-defense.com.

House Republicans Propose Cuts to Medicaid to Finance Savings

House Republicans have introduced legislative language that proposes substantial cuts to the Medicaid entitlement program, aiming to achieve significant budget savings through policy changes. The proposed measures include stricter eligibility verification, work requirements for certain adults, and federal funding cuts to states providing coverage to undocumented residents. The Congressional Budget Office (CBO) estimates that the proposed healthcare provisions would reduce spending by $715 billion and could result in 8.6 million fewer people having health insurance by 2034.